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Issues Before Tenants in Haryana

Issues Before Tenants in Haryana, naya haryana, नया हरियाणा

6th July 2014

Naya Haryana

Haryana is predominantly an agricultural state. More than half of the population of Haryana is engaged in agriculture. Therefore, offering lands on lease and on rent is a common phenomenon. Also, feudal zamindari system, a hierarchical setup, where people from lower strata hold lands from the highest orders for agricultural practices, has been a part and parcel of this phenomenon since the time of independence. But the feudal and semi-feudal relations became exploitative gradually, like land hunger was rampant, charging exorbitant rent, holding of surplus amount by the landowners, and inadequate conditions for the peasants, etc. It then called forth for land and tenancy reforms.

Hence, tenancy reforms entailed redistributing land ownership from the standpoint of social justice and improvement in the operational holding for the maximum usage of land. To develop favourable conditions for the agriculturist, so that they can reap maximum benefits of their labour was also one of its objectives. Nonetheless, the reforms and the measures could not gain significant results due to various loopholes between the formulation of policies and its implementation.

On the other hand, tenants who want to go for a rented accommodation have to undergo a Police Verification Report (PVR). This report is on the character and background of a person. It gives an assurance to the landlord that the tenant doesn't hold any criminal case against him. The District Superintendent of Police of the region, where the person is residing, grants the PVR. Therefore, tenants cannot hold any land on lease unless his antecedents and his character are verified.

The Haryana Urban (Control of Rent and Eviction) Act, 1973 grants certain rights to the tenants whereby, the landlord asking for an excess amount or premium other than the agreed amount shall be deemed null and void. At the same time, under the Section 6-A (1), the land owner shall be granted to increase the rent of a land or a building, in case tax or cess is imposed on a building or at rented land. Moreover, when the landlord requires a rented land for his own purpose then, Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 grants right to the landlord to evict the tenant from a residential premise and not from a commercial one. While landlords need to get a grip on their properties, tenants should not be left in the lurch forcibly and be given adequate protection till amicable resolutions take place.

These are some of the challenges that a tenant can face and unfortunately, since most of the time tenant is on his/her own without any support of the administration, he has to make all the effort to always guard himself to avoid such pitfalls. It is being seen that provisions in law to safeguard both parties interests are woefully wanting and the local administration has not been able to enforce even the existing ones strongly.

WBASH250614

References:

Media reports, legalserviceindia.com


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